The following definitions shall apply to this part:

1. (1) "Administrative consent order" means a legal agreement signed by the:

   1. (A) Secretary of the Department of Agriculture or his or her designee; and
   2. (B) Owner or operator of a poultry feeding operation;
2. (2) "Department" means the Department of Agriculture;
3. (3) "Land application" means the application of litter, in whole or in part, to land;

4. (4) "Litter" means byproducts associated with the confinement of poultry, including:

   1. (A) Excrement;
   2. (B) Feed wastes;
   3. (C) Bedding materials;
   4. (D) Composted carcasses; and
   5. (E) Any combinations thereof;
5. (5) "Litter management system" means any method to dispose or use litter;

6. (6)

   1. (A) "Nutrient" means a substance or recognized plant nutrient, element, or compound that is used or sold for its:

      1. (i) Plant nutritive content; or
      2. (ii) Claimed nutritive value.

   2. (B) The term includes substances found in, but is not limited to:

      1. (i) Livestock manure and poultry litter;
      2. (ii) Compost as fertilizer;
      3. (iii) Commercially manufactured chemical fertilizers;
      4. (iv) Sewage sludge; or
      5. (v) Combinations thereof;
7. (7) "Permit" or "permit coverage" refers to an authorization to operate that is required by the United States Environmental Protection Agency's Concentrated Animal Feeding Operations (CAFO) program for poultry feeding operations meeting the size thresholds listed on the Department of Agriculture’s registration form;

8. (8) "Person" means any:

   1. (A) Individual;
   2. (B) Partnership;
   3. (C) Company;
   4. (D) Association;
   5. (E) Fiduciary;
   6. (F) Corporation; or
   7. (G) Organized group of persons, whether incorporated or not;

9. (9) "Poultry" means:

   1. (A) Chickens;
   2. (B) Turkeys;
   3. (C) Ducks;
   4. (D) Geese; and
   5. (E) Any other domesticated birds;

10. (10)

    1. (A) "Poultry feeding operation" means any lot or facility where two thousand five hundred (2,500) or more poultry are housed or confined and fed or maintained on any one (1) day in the preceding twelve­month period.

    2. (B) For the purposes of determining the number of animals at an operation, multiple poultry houses under common ownership are considered to be a single poultry feeding operation if they:

       1. (i) Adjoin each other; or
       2. (ii) Share a common area or system for the disposal of wastes;
11. (11) "Poultry processor" means an entity that processes poultry or eggs for commercial sale;
12. (12) "Secretary" means the Secretary of the Department of Agriculture or his or her designee; and

13. (13)

    1. (A) "Warning letter" means a written description signed by the Secretary of the Department of Agriculture or his or her designee of a violation of this part and the necessary corrective action.

    2. (B) A warning letter:

       1. (i) Cannot be used to assess civil penalties;
       2. (ii) Is not appealable; and
       3. (iii) Is not final agency action.